North Carolina Criminal Defendant May Waive Jury Trial, SB 399 (2014)

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Criminal Defendant Waiver of Trial by Jury
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Type:Constitutional amendment
Constitution:North Carolina Constitution
Referred by:North Carolina State Legislature
Topic:Civil and criminal trials
Status:On the ballot

The North Carolina Criminal Defendant May Waive Jury Trial Amendment, SB 399 is on the November 4, 2014 ballot in the state of North Carolina as a legislatively-referred constitutional amendment. The measure, upon voter approval, would permit criminal defendants who are not facing the death penalty to waive their right to trial by jury and instead be tried by a judge in Superior Court.[1]

The amendment was sponsored in the North Carolina Legislature by State Senator Peter Brunstetter (R-31) as Senate Bill 399.[1]

Text of measure

Ballot summary

The official ballot text reads as follows:[2]

[ ] FOR [ ] AGAINST

Constitutional amendment providing that a person accused of any criminal offense for which the State is not seeking a sentence of death in superior court may, in writing or on the record in court and with the consent of the trial judge, waive the person's right to a trial by jury.[3]

Constitutional changes

SB 399 amends Section 24 of Article I of the Constitution of North Carolina to read:[2]

Sec. 24. Right of jury trial in criminal cases.
No person shall be convicted of any crime but by the unanimous verdict of a jury in open court.court, except that a person accused of any criminal offense for which the State is not seeking a sentence of death in superior court may, in writing or on the record in the court and with the consent of the trial judge, waive jury trial, subject to procedures prescribed by the General Assembly. The General Assembly may, however, provide for other means of trial for misdemeanors, with the right of appeal for trial de novo.[3]


Support

The measure was introduced into the legislature by Sen. Peter Brunstetter (R-31).[1]

Path to the ballot

2014 measures
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November 4
SB 399
Endorsements
See also: Amending the North Carolina Constitution

According to Section 4 of Article XIII of the North Carolina Constitution, a 60 percent vote in both legislative chambers was required in order to place the amendment on the ballot. SB 399 was approved by the North Carolina Senate on July 2, 2013. SB 399 was approved by the North Carolina House of Representatives on June 27, 2013. The bill was unanimously approved in both legislative chambers.[1]

Senate vote

July 2, 2013 Senate vote

North Carolina SB 399 Senate Vote
ResultVotesPercentage
Approveda Yes 44 100.00%
No00.00%

Assembly vote

June 27, 2013 Assembly vote

North Carolina SB 399 Assembly Vote
ResultVotesPercentage
Approveda Yes 104 99.05%
No10.95%

See also

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External links

References


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